Publications Could credit arrears be an obstacle to travel abroad

More and more people are asking whether credit debts are an obstacle to travel abroad. It’s a rather complex and ambiguous question, so let’s try to work it out.

According to art. 6 of the Act "Procedure for the entry and exit of Ukrainian citizens from the territory of Ukraine", a citizen of Ukraine may be temporarily refused permission to leave the territory of Ukraine if he or she evades his or her obligations, To the point of fulfilling his obligations.

P. 43 of the Procedure for Issuing, Issuing and Forwarding Passports, provides that the territorial authority of the State Migration Service may take a decision on temporary refusal to issue a passport if the person concerned is the subject of an unsettled contract, or other outstanding obligations. In any event, the decision to refuse to issue a passport is taken by the territorial authority of the State Migration Service, provided that information on the grounds for such refusal is available.

In the event that a passport has been issued,  but there is a decision by an authorized State body prohibiting travel abroad, a member of the State Border Service of Ukraine has the right to take a reasoned written decision, according to which you are denied permission to cross the State border of Ukraine. In addition, your passport may be temporarily detained or confiscated.

However, the above-mentioned articles of the legislation are practically "dead", since the only sufficient ground for prohibiting travel abroad is a court decision, which has acquired legal force.

According to case law, at the court stage, the court does not have the right to order a ban on travel abroad.

The court may, by its decision, prohibit a person from travelling abroad only if there is a court decision according to which the person is a debtor, the decision is to be executed by the State executive service, the State agent has filed an application to the court, agreed with the Chief Executive at the appropriate level, and the court granted the request.

A public official must prove that the debtor knowingly and purposely evades the court’s decision.

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